Indian Polity & Constitution
🔒 Log in to trackImportant Constitutional Amendments
🔒 Log in to trackArticle 368 (Part XX) is the rule for amending the Constitution. Most amendments need a special majority. Federal items also need half the state legislatures. The basic structure doctrine of Kesavananda Bharati (1973) limits the power.
Three routes to amend
The amendment power sits in Article 368, borrowed from South Africa.
| Route | Used for |
|---|---|
| Simple majority (outside Article 368) | New states, state boundaries, citizenship rules, salaries of constitutional post-holders, Second, Fifth and Sixth Schedules |
| Special majority | Most amendments, including Fundamental Rights |
| Special majority plus half the state legislatures | Federal items |
A special majority means a majority of the total membership of each House plus two-thirds of members present and voting.
Federal items are the election of the President (Articles 54-55), executive power of Union and states, the Supreme Court and High Courts, the Seventh Schedule, states' representation in Parliament and Article 368 itself.
Rule: A Constitution Amendment Bill never goes to a joint sitting. The President must give assent (24th Amendment).
Early landmarks
| Amendment | What it did |
|---|---|
| 1st (1951) | Ninth Schedule, Articles 31A and 31B, reasonable restrictions |
| 7th (1956) | States reorganisation, ended A/B/C/D classes, repealed Part VII |
| 24th (1971) | Parliament can amend any part, including Fundamental Rights |
| 42nd (1976) | Mini-Constitution: socialist, secular, integrity, Fundamental Duties, LS term to 6 years |
| 44th (1978) | Property out of Part III (Article 300A), 'armed rebellion' replaces 'internal disturbance', LS term back to 5 years |
Tip: The 44th corrected what the 42nd overdid.
Amendments from 1985 to 2003
| Amendment | What it did |
|---|---|
| 52nd (1985) | Anti-defection law, Tenth Schedule |
| 61st (1988; in force 1989) | Voting age 21 to 18 (Article 326) |
| 65th (1990) | National Commission for SC/ST (Article 338) |
| 69th (1991) | Delhi as National Capital Territory |
| 71st (1992) | Konkani, Manipuri, Nepali added to Eighth Schedule |
| 73rd and 74th (1992) | Panchayats and Municipalities |
| 86th (2002) | Article 21A, Article 45 rewritten, 11th duty |
| 89th (2003) | Separate commission for ST (Article 338A) |
| 91st (2003) | Council of Ministers capped at 15% (minimum 12) |
| 92nd (2003) | Bodo, Dogri, Maithili, Santhali added (22 languages) |
Amendments from 2011 to 2023
| Amendment | What it did |
|---|---|
| 97th (2011) | Cooperative societies, Part IX-B |
| 99th (2014) | NJAC, struck down in 2015 |
| 100th (2015) | India-Bangladesh Land Boundary Agreement |
| 101st (2016) | GST: Articles 246A, 269A, 279A (GST Council) |
| 102nd (2018) | Constitutional status for the Backward Classes Commission (Article 338B) |
| 103rd (2019) | 10% EWS reservation (Articles 15(6), 16(6)) |
| 104th (2020) | Ended Anglo-Indian nominations. Extended SC/ST seats in legislatures |
| 105th (2021) | States can identify OBCs again (Article 342A) |
| 106th (2023) | One-third of seats for women in Lok Sabha, state assemblies and Delhi assembly |
The 106th takes effect after delimitation, and lasts 15 years. 106 amendments had been enacted by September 2023.
Decade clusters
- 1950s: structure (1st, 7th).
- 1970s: power (24th, 42nd, 44th).
- 1980s: politics (52nd, 61st).
- 1990s: grass roots (73rd, 74th) and languages (71st, 92nd).
- 2000s: rights and cooperatives (86th, 91st, 97th).
- 2010s and 2020s: economy and equality (101st to 106th).
Question types you will see
Each type: how to recognise it, the method step by step, and one question to try.
Amendment procedure and state ratification
The question asks which provisions need half the states, or what majority amends Fundamental Rights.
A special majority is a majority of total membership plus two-thirds of those present and voting.
Fundamental Rights are amended by this route.
Ratification by half the states applies only to federal items.
Simple-majority items (new states, boundaries) sit outside Article 368.
Knowing the three routes settles all the procedure questions.
Amendment of which provision needs ratification by at least half the state legislatures?
Show solutionHide solution
Look for a federal item.
The election of the President and the Seventh Schedule are examples.
Any federal provision, such as the President's election or the Seventh Schedule
42nd and 44th: the twin landmarks
The question asks which amendment is the Mini-Constitution, or which removed the right to property.
The 42nd (1976) added socialist, secular, integrity, Fundamental Duties and moved the Lok Sabha term to 6 years.
The 44th (1978) moved property to Article 300A and replaced 'internal disturbance' with 'armed rebellion'.
Remember them as a pair: the 42nd added, the 44th corrected.
The two amendments are linked, so one story covers both.
The words 'armed rebellion' in Article 352 replaced which earlier expression?
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The 44th Amendment made this change.
The old ground was vaguer.
Internal disturbance
Recent amendments, 2016 to 2023
The question asks what the 101st, 103rd or 106th Amendment deals with.
101st is GST. 102nd is the Backward Classes Commission (Article 338B). 103rd is EWS 10%.
104th ended Anglo-Indian nominations. 105th lets states identify OBCs. 106th is women's one-third.
99th (NJAC) was struck down. 100th is the Land Boundary Agreement. 97th is cooperatives.
Each number has one topic, so a ladder answers every match.
The 106th Constitutional Amendment Act (2023) provides for what?
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It is about women's seats.
It applies after delimitation.
One-third reservation of seats for women in the Lok Sabha and state assemblies
Older amendments: one-line recall
The question asks which amendment lowered the voting age, added the anti-defection law, or made Delhi an NCT.
Numbers ladder: 1st Ninth Schedule, 7th reorganisation, 52nd defection, 61st voting age, 69th Delhi.
Then 73rd and 74th local bodies, 86th Article 21A, 91st ministry cap, 92nd four languages.
Give each number a one-word hook: 61 eighteen, 69 Delhi, 101 GST.
A hook per number keeps the ladder easy to recall.
The voting age was reduced from 21 to 18 years by which amendment?
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It amended Article 326.
It came in the late 1980s.
The 61st Amendment
Amendments between 1990 and 2003
The question asks which amendment created the SC/ST commissions, added a language or capped the ministry.
65th: National Commission for SC/ST (Article 338). 89th: separate commission for ST (Article 338A).
71st added Konkani, Manipuri, Nepali. 92nd added Bodo, Dogri, Maithili, Santhali.
91st caps the Council of Ministers at 15%.
Commissions and languages are asked as matching pairs.
Which amendment (2003) created a separate National Commission for Scheduled Tribes under Article 338A?
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It came in 2003.
Its number is between 88 and 90.
The 89th Amendment
Shortcuts that save time
1950s structural (1st, 7th). 1970s power (24, 42, 44). 1980s politics (52, 61). 1990s grass roots (73, 74). 2010s and 2020s economy and equality (101 GST, 103 EWS, 106 women).
Which amendment lowered the voting age from 21 to 18?
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It is a 1980s political change.
It amended Article 326.
The 61st Amendment
The 44th undid parts of the 42nd. Lok Sabha term went from 6 back to 5 years. 'Internal disturbance' became 'armed rebellion'. Property moved from a right to Article 300A.
Which amendment replaced 'internal disturbance' with 'armed rebellion' in Article 352?
Show solutionHide solution
It restrained the Emergency power.
It also deleted the Right to Property.
The 44th Amendment, 1978
Mistakes to avoid
Where most students lose marks on this subtopic.
Giving the 10% EWS reservation to the 102nd Amendment.
EWS is the 103rd. The 102nd gave constitutional status to the Backward Classes Commission.
Thinking the 106th (women's seats) applies at once.
It takes effect after delimitation.
Thinking the NJAC still works.
The 99th Amendment was struck down in 2015.
Saying ratification by states is needed for every amendment.
It is needed only for federal items.
Sending an amendment bill to a joint sitting.
Article 108 excludes Constitution Amendment Bills.
Quick revision
Read this the night before the exam.
Three routes: simple majority (outside 368), special majority, special majority plus half the states.
Ratification list: President's election, Supreme Court and High Courts, Seventh Schedule, state representation, Article 368.
42nd is the Mini-Constitution. 44th removed property and added 'armed rebellion'.
52nd: defection. 61st: voting age 18. 73rd and 74th: Panchayats and Municipalities.
86th: Article 21A and the 11th duty. 101st: GST. 103rd: EWS 10%. 106th: women's one-third.
No joint sitting for an amendment bill. The President must give assent.
Practice: 13 questions
Sets of 10, mixed across the question types above. Every answer has a step-by-step explanation.
Topic test · 13 questions
Suggested time 5 min · wrong answers go to your mistake notebook automatically.